WHEREAS, an act made at a general assembly, begun at James city, the sixteenth day of April, one thousand six hundred ninety and one, intituled, An act for ports, &c. stands suspended: And forasmuch as, pursuant to the said act, divers tracts of land have been purchased, and laid out for ports and towns, in the respective places appointed by the said act, and vested in trustees; many of which have conveyed lots, or half acres therein, to several persons, who have built thereon, and have made considerable improvements:
Be it enacted, by the governor, council and burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That where any county or counties have purchased, laid out, and paid for any lands, for ports or towns, pursuant to the said act, for ports, &c. or to any other act of assembly, and have vested the same in feoffees or trustees, according to the said act or acts; such feofees or trustees so invested, are hereby declared to have a good, absolute, and indefeasible estate in fee, in such lands respectively, which have not been disposed of by the former trustees, in trust and confidence, to and for the uses in the said act for ports, &c. mentioned, and for no other use or purpose whatsoever; and the said land or lands are hereby confirmed to the said feofees or trustees, in fee, to such use or uses; any thing in the said suspension, or any other law, statute, usage, or custom, to the contrary, in any-wise, notwithstanding.
And be it further enacted, That where any county or counties, pursuant to the said act for ports, or any other act of assembly, have purchased, laid out, and paid for fifty acres of land, and the same, by the death, or refusal of the proprietor, or other accident, hath not been conveyed to trustees, according to the said law or laws; such land or lands shall be and are hereby confirmed to such feofees or trustees, as hereafter, by virtue of this act, shall be appointed by the county courts, to and for the uses aforesaid, in as full and ample manner, as if the said land or lands, had been really and actually conveyed in law, by such proprietors to such feoffees or trustees, in manner, as by the said law for ports, is expressed.
And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if in any county, the feoffees or trustees already appointed, by virtue of the said act for ports, be dead, or departed out of this country, the county court of such respective county is hereby impowered and required to appoint other feoffees or trustees, who are hereby invested and confirmed in the fee of all such land or lands (not by former trustees disposed of) to the use or uses aforementioned, and to no other use or purpose whatsoever: and all feoffees or trustees, by virtue of the said act for ports, &c. already made, or by virtue of this act hereafter to be made, are hereby impowered and required, in their respective county, to convey and make over any lot or lots, half acre or half acres of land, to such person or persons as shall desire to take up the same, according to the said act for ports, and upon the conditions therein specified, as if the said act for ports had never been suspended; any law, statute, usage, or custom, to the contrary notwithstanding.
And be it further enacted, That if any person or persons have purchased and paid for any lot or lots, half acre or half acres of land, in any of the said places, of any feoffees or trustees, pursuant to the said law, and have fully complied with the conditions in the said law mentioned and set down; such person or persons are hereby declared to be invested with, and have a good, absolute, and indefeasible estate in fee, to such lot or lots, half acre or half acres of land; and the same is hereby confirmed in fee to such person and persons, and to his and their heirs forever.